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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 116140
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I am a Ex-Marine whom served (8) yrs and then worked bureau

Customer Question

I am a Ex-Marine whom served (8) yrs and then worked for the bureau of Prisons from 1988 until I was falsely accused in a drug case within the prison in 1996. This is only after I had informed my supervisors that I was going to see the warden to inform him of the denial of Family leave-violations and bias treatments I was receiving; (whistleblower). I was on regular leave the week prior to going to see the warden on Monday. I reported into the lieutenant's office, and proceeded to the warden's office. The captain called and requested my presence. I informed him, I request a Union Rep. While attempted to call my union rep, a lieutenant forceably stop me and I was escorted out of the institution. The next day, I tried again to see the warden but was stopped and officially escorted and given a urinalysis. I left my bag in a locked office and upon my return, I was told that my bag was searched (out of my presence) and turned over to the FBI. I was suspended in July 1996 and fired in Feb 1997. I was given an Suspension Arbitration in April 1998, [FMCS No. 97-01716-7]; which was in my favor, but instead of putting me back to work, the prison gave me another arbitration-Removal-[ FMCS No. 97-14364], for the same charges in May 1998. I appealed this to the U.S. Court of Appeals and lost on Aug. 13, 1999. I did not understand how this could be but I later found out that this case had some serious fraud and theft involved by the prison official when we took a break in the 2nd arbitration. Now I would like to know whether or not I have any chance or option to get this case cleared up or back into court and what new information do I need to assist me. Contact me @***@******.***
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am sorry to inform you that unless you have recently uncovered some new evidence that would exonerate you from these charges within the last 12 months, 15 years after the loss of your court of appeals case is too late to raise this issue any longer. I am afraid that you would have had to have taken an immediate appeal from the court of appeals case to the US Supreme Court back in 1999 and it is too late now to do anything to change that decision. If you have just found new evidence that was not available and could not have been found or known back in 1999, then you could seek to file a motion to vacate the judgment solely on that new evidence, but without the new evidence being recently discovered within the last 12 months, you would not be able to do anything to reopen the case.

Customer: replied 1 year ago.
Thank you for this answer, but you gave roughly -NO more information, to me than I had at first. I was hoping that your organization could give me some more definitive answers. like for instance:1. More of an answer as to exactly -What New Evidence; could be Used?2. Whether this evidence could or should come from the 1st or the 2nd Arbitration or the Court of Appeals, since I was not present at the appeals hearing, where I could get information that could present me with this new information/evidence.3. Could this new information be a "Witness" that was involved, without their knowledge, and whom was not present nor never questioned by the FBI;or involved in the whole process, but their name was listed on the Evidence Recovery Log; which I believe this was evidence which was stolen by the prosecutor during a break in the 2nd Arbitration process.4. Information as to whom you suggest could take on a case, such as this case involving the federal government. Someone, or some lawyer firm that has its business in order and is not afraid to take on a case such as this; because, I know this case is winable.
5. You also did not mention or inform me about: Fraud upon the court; not subject to statute of limitation
Does it apply here with either of the the Arbitrations, or it's Subpoena; --or the FBI' s Investigation and his testimony/ participation in both arbitration, and/ or the fact that he tried to get (2) separate US Attorney, in two different cities to prosecute me; by the way, I had to seek both attorneys out myself, but got no indictments, or the BOP's -Lack of an Administrative investigation, into the charges of : introduction of contraband into a penitentiary and unauthorized possession of an illegal drug on govt. property.Can you please response to these questions above. and have a nice weekend.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Unfortunately, we can provide customers with information based on the facts and what the law states. The laws do not really change, so many times customers feel they already knew something, but that is because the laws are what they are.
1) New evidence is pretty self explanatory, it is evidence you recently found that was not available during the trial and could not have reasonably been discovered during your trial.
2) I have no idea about the details of your case and the trial history, but the new evidence would have to come not from court or arbitrations, but it had to be previously unknown to you during those trials or arbitrations and recently discovered.
3) Yes, the new evidence could be the witness now coming forward to testify as to what they did or having proof of what this person did from some other eyewitness.
4) We cannot make personal referrals, that is forbidden by state laws, but you would need a civil rights or criminal attorney and you can get one locally at the same sites used by other attorneys, http://www.lexmundi.com or http://www.hg.org
5) You did not really provide any information about evidence about actual fraud, but if you have such evidence of fraud, then that can indeed be raised at any time, but it appears you already knew that.
Fraud on the tribunal or court it does not matter, you can prove fraud to vacate the judgments against you at any time. Fraud requires clear and convincing evidence of the fraud.
Customer: replied 1 year ago.
I am interested in this case, (Sir, because)- “IF, I do not take it seriously,in pursuit of the truth, then,_No-One else, will-be taking it serious. [ I Am –Talking- about , Saving-My-Life, plus Reviving and Restoring,- My Future, here!] This is- IN-Justice-
coming from bigots -on the highest level, and What I Want-( is –only), What Every other American; whom- have Worked and Earned it; Wants- - Which, is equal protection from our Constitutional Rights, to a fair hearing, as an American citizen; [that’s- the Choice-I’ve
Made and no-one else; therefore, I’ve earned -My Career from 1978-1998- and the fruits of my labor, because {2-ME;--Black Lives, do Matter- 4-Real! [A] If I can produce, a Witness, that I confessed to, from the time of this investigation, would they be considered-
New (?) [B] If, I had the FBI Agent, whom investigated this case, Subpoena for a deposition, referring his involvement, because he never interviewed me, or- never returned my personal papers or evidence. Also, he involved (2) other individuals; US attorneys
from (2) different city’s within Kansas to indict me on these same charges I guess -no indictment, No- official Documentation, came from them, just the agents word, but I personally went to see both of them and (1) stated, he refused the case 6 months after
and the other one; simply, gave me a card; around the time she was introduced this case by the FBI agent. But, I never again, heard from either of them. [C] What about, the lack of an Administrative Investigation by the BOP; into these same allegation or charges,
which plague my life, today? [D] It might sound crazy, but I do not know; Whether or not the allegation rendered by 2nd Arbitration, were in fact, these very same charges, adjudicated for both; the Appeal Court; being the one- I have now. I was personally
at both Arbitrations, but believe the Union’s evidence from {1st. Arb.} was stolen, @ { 2nd Arb.}-when I took a break. The problem is “ this is; the Notification of Personnel action, SF 50; for the “Removal” states in my folder-;  ***** ***** was charged
with introduction of contraband into a United States Penitentiary and unauthorized possession of an illegal drug on government property.  Question: Are these considered to be a felon? Under what federal codes? But, I believe, this’s the very same charges
for the mystery Indefinite Suspension SF50, Note: Regarding the final page of the Penfield Award that you enclosed, {1st Arb.} it refers to an Indefinite Suspension that was- Overturned, It does not reference your name or the date of the Indefinite Suspension.
“There- is a {mystery} Notification of Personnel action, SF 50 in the folder of an Indefinite Suspension, but I am unable to remove the document until I receive a copy of the Penfield agreement from you.. I will then have evidence that, this is, the SF 50
that is mentioned on the final page of that decision. What I do know; is that the 1st Arbitration, was validated -in my favor,- according to a Jan 19, 2001 correspondence from: BOP; Christopher Erlewine; Assistant Director/General Counsel; which proves that
I was exonerated from these very same charges. Note: I also waited for a password ***** on my gmail account and my phone; but could not find one sent. so , I need a password ***** did not even get a window to complete the process of signing in. help please.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
I am not saying the case should not be taken seriously, but I am afraid that 14 years after the incident is too late unless you produce a brand new witness who comes forward and recants their previous testimony or has some proof that they fabricated charges against you. That is the sole chance you have here to exonerate yourself.
The court cannot make BOP investigate anything further, especially now this long after it happened. It is going to be up to you to get your own investigation and dig up your own witnesses if you want to have any chance to ask them to vacate the case against you.
Customer: replied 1 year ago.
Listen, thank you for the assistance you have provided, It was some what of help, but I am still confused and decided to go forward and seek out some legal counseling within my home town. What I need is going to take a lawyer that is not afraid to take on this case and one who will fight for the truth and for justice because it is the right thing to do; for those of us that have been targeted for so long throughout the past 100 years or so. But before I go, I would like to know if you are allowed to forward a list of legal assistance/Companys; etc. that will fight -PRO-BONO; because if what I read is true, about defrauding the courts, with no statue of limitation, then that will open the doors for me. I have focus on this case for a long time as well as lived it, and my only hold-up is the fees to fight. The reward in the end is in God's hand.
Thank you for your time, your assistance and be blessed.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply
Many times it is not a lawyer is "afraid to take a case," it is that the laws dictate what they can file in court and what they cannot file in court.
The only information we can give about finding a local attorney near you would be using the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com
You can also call the state bar to ask for the pro bono attorneys in your area who may assist if you cannot find an attorney at one of the above sites who can do so. Also, your local veterans assistance center may be able to point you in the right direction for free or low cost legal assistance.